HCSD — Standard Operating Procedures

329.1 PURPOSE AND SCOPE

The investigations of cases involving death include those ranging from natural cause to homicide. Some causes of death may not be readily apparent and some cases differ substantially from what they appeared to be initially. The thoroughness of death investigations cannot be emphasized enough.

329.2 INVESTIGATION CONSIDERATIONS

Death investigation cases require certain actions be taken. Paramedics shall be called in all suspected death cases unless the death is obvious (e.g., decapitated, decomposed). A supervisor shall be notified in all death investigations.

Coroner

329.2.1 CHIEF DEPUTY CORONER REQUEST

The Sheriff/Coroner is the elected public official responsible for investigating deaths within the county. The Sheriff delegates day-to-day Coroner operations to the Chief Deputy Coroner. The Patrol Deputies are also Deputy Coroners. They will also handle all investigations relating to any type of death: whether it is from natural causes, a suicide, or at the hands of another.

Per Government Code Section 27491, it shall be the duty of the Coroner to inquire into the circumstances, manner, and cause of all violent, sudden, or unusual deaths; unattended deaths; deaths wherein the deceased has not been attended by a physician in the 20-days before death; deaths related to or following known or suspected self-induced or criminal abortion; known or suspected homicide, suicide, or accidental poisoning; deaths known or suspected as resulting in whole or in part from or related to accident or injury either old or recent; deaths due to drowning, fire, hanging, gunshot, stabbing, cutting, exposure, starvation, acute alcoholism, drug addiction, strangulation, aspiration, or where the suspected cause of death is sudden infant death syndrome; death in whole or in part occasioned by criminal means; deaths associated with a known or alleged rape or crime against nature; deaths in prison or while under sentence; deaths known or suspected as due to contagious disease and constituting a public hazard; deaths from occupational diseases or occupational hazards; deaths of patients in state mental hospitals serving the mentally disabled and operated by the State Department of Mental Health; deaths of patients in state hospitals serving the developmentally disabled and operated by the State Department of Developmental Services; deaths under such circumstances as to afford a reasonable ground to suspect that the death was caused by the criminal act of another; and any deaths reported by physicians or other persons having knowledge of death for inquiry by the Coroner. Inquiry pursuant to this section does not include those investigative functions usually performed by other law enforcement agencies. In any case, in which the Coroner conducts an inquiry pursuant to this section, the Coroner or a Deputy shall personally sign the certificate of death. If the death occurred in a state hospital, the Coroner shall forward a copy of his/her report to the state agency responsible for the state hospital. The Coroner shall have discretion to determine the extent of inquiry to be made into any death occurring under natural circumstances and falling within the provisions of this section, and if the inquiry determines that the physician of record has sufficient knowledge to reasonably state the cause of death occurring under natural circumstances, the Coroner may authorize that physician to sign the certificate of death.

Reportable Death The Coroner positively identifies the deceased, determines the circumstances and cause of death, takes charge of any property found upon the body and notifies the legal next of kin. The Coroner may investigate any death in the county; however, deaths resulting from long-term illness such as heart disease, Alzheimer's, diabetes, etc., and where an attending California licensed physician can state that the cause of death was natural, are not usually investigated by the Coroner.

A physician and surgeon, physician assistant, funeral director, or other person shall immediately notify the Coroner when he/she has knowledge of a death that occurred or has charge of a body in which death occurred under any of the following circumstances: Government Code § 27491 and Health and Safety Code § 102850 direct the Chief Deputy Coroner to inquire into and determine the circumstances, manner, and cause of certain deaths. The Chief Deputy Coroner shall be called in any of the following cases:

• Unattended deaths (No physician in attendance or during the continued absence of the attending physician. This also includes all deaths outside hospitals and nursing care facilities.)
• Deaths where the deceased has not been attended by either a physician or a registered nurse who is a member of a hospice care interdisciplinary team, as defined by Health and Safety Code § 1746, in the 20 days prior to death
• Deaths where the physician is unable to state the cause of death. Unwillingness does not apply. This includes all sudden, unexpected, and unusual deaths, and fetal deaths when the underlying cause is unknown.
• Known or suspected homicide
• Known or suspected suicide (including suicide where the deceased has a history of being victimized by domestic violence)
• Deaths involving any criminal action or suspicion of a criminal act. This includes child and dependent adult negligence and abuse.
• Deaths related to or following known or suspected self-induced or criminal abortion
• Deaths associated with a known or alleged rape or crime against nature
• Deaths following an accident or injury (primary or contributory). This includes deaths known or suspected as resulting (in whole or in part) from or related to accident or injury, either old or recent.
• Deaths from drowning, fire, hanging, gunshot, stabbing, cutting, starvation, exposure, alcoholism, drug addiction, strangulation, or aspiration
• Deaths from accidental poisoning (e.g., food, chemical, drug, therapeutic agents)
• Deaths from occupational diseases or occupational hazards Death Investigation
• Deaths from known or suspected contagious disease and constituting a public hazard
• All deaths in operating rooms and all deaths where a patient has not fully recovered from an anesthetic, whether in surgery, recovery room, or elsewhere
• Deaths that occur in prison or while under sentence. This includes all in-custody and sheriff's-involved deaths.
• All deaths of unidentified persons
• All deaths of state hospital patients
• Suspected Sudden Infant Death Syndrome (SIDS) deaths
• All deaths where the patient is comatose throughout the period of the physician's attendance. This includes patients that are admitted to hospitals unresponsive and expire without regaining consciousness.

The body shall not be disturbed or moved from the position or place of death without permission of the Deputy Coroner, the Coroner, or alternate authorized Medical Examiner, The Undersheriff or The Sheriff.

329.2.2 SEARCHING DEAD BODIES

• The Deputy Coroner or a designee (the Coroner, or alternate authorized Medical Examiner, The Undersheriff or The Sheriff) is generally the only person or person(s) permitted to search a body known to be dead from any of the circumstances set forth in Government Code § 27491. The only exception is that a deputy is permitted to search the body of a person killed in a traffic collision for the limited purpose of locating an anatomical donor card. If such a donor card is located, the Deputy Coroner or a designee shall be promptly notified (Government Code § 27491.3).
• The Deputy Coroner, with the permission of the Office, may take property, objects, or articles found on the deceased or in the immediate vicinity of the deceased that may be necessary for conducting an investigation to determine the identity of the deceased or the cause or manner of death (Government Code § 27491.3).
• Should exigent circumstances indicate to a deputy that any other search of a known dead body is warranted prior to the arrival of the Deputy Coroner or a designee, the investigating deputy should first obtain verbal consent from the Deputy Coroner or a designee (Government Code § 27491.2).
• Whenever reasonably possible, a witness, preferably a relative to the deceased or a member of the household, should be requested to remain nearby the scene and available to the deputy pending the arrival of the Deputy Coroner or a designee. The name and address of this person shall be included in the narrative of the death report.
• Whenever personal effects are removed from the body of the deceased by the Deputy Coroner or a designee, a receipt shall be obtained. This receipt shall be attached to the death report.

329.2.3 Death Investigation The Deputy Coroner or a designee, or the Coroner, or alternate authorized Medical Examiner, The Undersheriff may conduct death investigations through the authorization explicitly given to the Office of The Sheriff. The Sheriff always carries the authority of the office inherited with the position granted as Sheriff-Coroner Homicide

329.2.4 SUSPECTED HOMICIDE

If the initially assigned deputy suspects that the death involves a homicide or other suspicious circumstances, the Investigations Division shall be notified to determine the possible need for a detective to respond to the scene for further immediate investigation.

329.2.5 EMPLOYMENT-RELATED DEATHS OR INJURIES

Any member of this agency who responds to a death, serious illness, or serious injury and determines that it has occurred as a result of an accident at or in connection with the victim's employment shall ensure that the nearest office of Cal-OSHA is notified by telephone immediately or as soon as practicable with all pertinent information (8 CCR 342(b)).

329.2.6 DEATHS OF VICTIMS WITH AN IDENTIFIABLE HISTORY OF VICTIMIZED

DOMESTIC VIOLENCE Prior to making any findings as to the manner and cause of death of a deceased individual with an identifiable history of being victimized by domestic violence, investigating deputies should consider factors identified in Penal Code § 679.07 (e.g., premature or untimely death, partner wanting to end relationship, scene gives appearance of death due to suicide or accident) and proceed with the investigation according to the code's requirements.

329.3 POLICY

It is the policy of the Hartwell County Sheriff’s Department to respond to, document, and investigate incidents where a person is deceased. Investigations involving the death of a person, including deaths from natural causes, accidents, workplace incidents, suicide, and homicide, shall be initiated, conducted, and properly documented.

329.4 UNIDENTIFIED DEAD BODY

If the identity of a dead body cannot be established, the handling deputy will request from the Deputy Coroner a unique identifying number for the body. The number shall be included in any report.

329.5 DEATH NOTIFICATION

When reasonably practicable, and if not handled by the Deputy Coroner's Office, notification to the next-of-kin of the deceased person shall be made, in person, by the deputy assigned to the incident. If the next-of-kin lives in another jurisdiction, a law enforcement official from that jurisdiction shall be requested to make the personal notification.

If a deceased person has been identified as a missing person, this office shall attempt to locate family members and inform them of the death and location of the deceased missing person's remains. All efforts to locate and notify family members shall be recorded in appropriate reports.

Identity Theft